TERMS & CONDITIONS OF THE WEBSITE https://eretailaudit.com
The following terms and conditions (“Terms & Conditions” or “Terms” or “T&Cs”) govern all use of the eRetail Audit Platform (“Platform”) and all services and reports available at or through the Platform (“Services”) to the Platform Users (“Users” or “You”). If you do not agree to comply with and be bound by these Terms or do not have authority to bind your Organization, please do not accept these Terms or access or use the Platform.
Convert Group is the owner or licensee of eRetail Audit, a market intelligence solution that tracks eCommerce market shares and delivers eCommerce Market Intelligence to Retailers and Brands. The service runs as a software as a service (SaaS) via an online platform (the “Platform”) and through accessing the web-analytics sales data from individual retailers (“Data Providers”) in order to recreate a panel-based market intelligence offering to understand sales – baskets and marketing channels impact of online consumers.
In order to use the Platform and its features, you are required to create a personal user account (“Account”). As part of the account set-up and registration process, you will be asked to provide your account manager with an email, which will be linked with your account and then to select a password for your credentials. In creating your Account, you acknowledge and agree:
(i) to provide accurate, current and complete Account and login information;
(ii) to keep, and ensure that your User Account login details and password are kept, secure at all times. Convert Group cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password;
(iii) not to transfer or resell your use of or access to the Site to any third party;
(iv) to promptly notify Convert Group immediately of any unauthorized use of your password or any other breach of security. You agree to notify Convert Group; and
(v) that Convert Group will use the email address you provide on opening an Account or as updated by you from time to time as the primary method for communication with you. You must monitor the primary Account email address you provide to eRetail Audit and your primary Account email address must be capable of both sending and receiving messages.
4. Restrictions on Use
Except as expressly permitted in these Terms, you may not, and shall not allow any third party to:
(i) present or share the data or information received through the Platform without Convert Group’s prior consent, and in the event consent was given, present or share such data or information without attribution to Convert Group’s branding guidelines;
(ii) reverse engineer, decompile or disassemble, decrypt or, attempt to derive the source code of, the Platform or any components thereof, or create any derivative works of the Platform or any part thereof;
(iii) use any robot, spider, scraper, or other automated means to access or monitor the Platform for any purpose, or to copy, access, collect, download, or otherwise obtain data, content or other information from the Platform;
(iv) interfere or attempt to interfere with the integrity or proper working of the Platform or any related activities;
(v) use Convert Group’s Marks without our prior written consent;
(vi) use the Platform to develop, offer, operate, support or enable a competing service or product; and/or
(vii) use the Platform in any unlawful manner, for any harmful, irresponsible, or inappropriate purpose (including without limitation third-party defamation), or in breach of these Terms, any terms and conditions of any third-party product or service you use, or any agreement you have entered into with any third party.
5. Intellectual Property Ownership
Convert Group has and will retain all right, title and interest (including, without limitation, all patent, copyright, trade secret or other proprietary rights) in and to the eRetail Audit data, and any modifications, improvements and derivative works of the foregoing, including as may incorporate Feedback. If you provide Convert Group any comments, suggestions or other feedback (“Feedback”), then Convert Group may use such Feedback without restriction or obligation to you.
6. Specific provisions for the Content hosted in the Platform
eRetail Audit Data Provides are solely responsible for the data shared with the service. Notwithstanding anything to the contrary, Convert Group has no responsibility or liability for any acts or omissions of any Provider’s data, including their accuracy, reliability, usefulness, recency, completeness, safety or lawfulness.
Convert Group may terminate or suspend these Terms or your access to and use of the Platform, with or without notice in any case where it believes that you or your Organization have breached these Terms.
9. Warranty Disclaimer.
The eRetail Audit platform and services are provided “as is” and “as available”, and without warranties of any kind either express or implied. You assume all responsibility for accessing and using the Platform and for the selection of the Platform to achieve your intended results. Convert group does not make any warranties, express or implied, statutory or otherwise, including warranties of merchantability, title, fitness for a particular purpose or noninfringement.
The data contained on the Platform is based on information and content obtained by Convert Group from third parties. Convert Group and third-party providers shall not be held responsible or liable for the accuracy of the platform data or any omissions of data in or from the platform. Convert group and third-party providers shall have no responsibility or liability for any business conducted, decisions made, or any other action or inaction by you or your organization and its affiliates, customers, partners or parties with whom you do business, whether or not based in whole or in part on the platform or any data accessed therefrom by you or your organization.
Convert group does not warrant that the platform or access to and use of the platform will be uninterrupted or error-free, that defects will be corrected, or that the site or platform is free from viruses or other harmful code.
Convert group offers no warranty regarding the reliability of the performance of the platform, including without limitation any warranty that the platform , including any anti-virus or anti-spam features, will detect, block or prevent viruses, spam or other harmful or unwanted code or intrusions.
You agree that we will not be held responsible for any consequences that may result from technical problems including, without limitation, in connection with the internet (such as slow connections, traffic congestion or overload of our or other servers) or any telecommunications or internet providers.
10. Limitation of Liability
To the maximum extent permitted by law, in no event will convert group and its third-party providers, be liable under, or otherwise in connection with, these terms for: (a) any direct, indirect, exemplary, special, consequential, incidental or punitive damages; (b) any loss of profits, business, or anticipated savings; (c) any loss of, or damage to data, reputation, revenue or goodwill; and/or (d) the cost of procuring any substitute goods or platforms.
The foregoing exclusions and limitations of liability set forth in this section shall apply: (a) even if convert group, its affiliates or third-party providers, have been advised, or should have been aware, of the possibility of losses or damages; (b) even if any remedy in these terms fails of its essential purpose; and (c) regardless of the theory or basis of liability (such as, but not limited to, breach of contract or tort).
11. Customer Reference.
You acknowledge and accept that Convert Group has the right to use your name and logo and the name and logo of your Organization to identify you as a customer of Convert Group or user of the Platform, on Convert Group’s website, marketing materials or otherwise by announcements on social media or otherwise.
We reserve the right, at our discretion, to change these Terms at any time. Such change will be effective ten (10) days following our sending a notice thereof to you or posting the revised Terms on the Site, and your continued use of the Platform thereafter means that you accept those changes.